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ANALISIS KRITIS TERHADAP PERAN DAN EFEKTIVITAS PROLEGNAS DALAM PEMBENTUKAN KEBIJAKAN HUKUM DI INDONESIA: SEBUAH PENDEKATAN TEORITIS DAN PRAKTIS Makruf, Solihan; Rusmana, Dian; Rosidin, Utang
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 4 No. 3 (2024): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v4i3.441

This research critically assesses the role and effectiveness of the National Legislation Programme (Prolegnas) in the process of legal policy-making in Indonesia. This research aims to assess the extent to which Prolegnas can plan legislation in accordance with national legal needs. The method used is a literature review, in which various legal sources and reports on the implementation of Prolegnas are analysed in depth. The results of this study will provide insight into the various obstacles and challenges faced in the implementation of Prolegnas. It is also expected that this research will provide recommendations on how to improve the effectiveness of Prolegnas in supporting a more targeted and sustainable legal policy

Legal Sociological Perspective on Marriage Under the Hand (Case Study Understanding of the Cipadung Community, Bandung City) Makruf, Solihan; Mufti, Rizal Agung; Ningsih, Lis Diana; Saebani, Beni Ahmad; Suprihatno, Andri
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1207

This research is motivated by the phenomenon of the rampant practice of underhand marriage in the community of Cipadung Village, Bandung City, which raises various legal and social issues. This research aims to analyze the Cipadung community's understanding of underhand marriage and the factors that drive the practice. This research used a qualitative approach with a case study method, focusing on the community in a particular neighborhood to gain in-depth insights. Data was collected from religious leaders and other relevant parties using in-depth interview techniques, direct observation, and documentary studies. The data was also analyzed using descriptive-qualitative methods to identify patterns and perceptions that emerged in the community. The results of this study show that the community's understanding of Islamic law with nikah siri remains diverse and is influenced by education levels and social and economic factors. Most people understand nikah siri as religiously valid but do not understand its formal legal implications. The findings of this study suggest the need for more intensive legal education and a more effective approach by the government and religious leaders to raise public awareness of the importance of registering marriages. This is necessary to protect women's and children's rights and bring order to Indonesia's family law system.

Teori Hukum dan Filsafat Hukum: Membangun Responsivitas terhadap Perubahan Ekonomi dan Sosial Makruf, Solihan; Pratama, Brilyan Yudha; Muslimah, Adilla Nur; Pratama, Muhammad Ilham; Shaleh, Chaerul
Al - Muamalat: Jurnal Hukum dan Ekonomi Syariah Vol 10 No 1 (2025): Al-Muamalat: Jurnal Hukum Dan Ekonomi Syari'ah
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/muamalat.v10i1.9614

Ideally, legal theory and philosophy of law can shape a legal system that is responsive to economic and social changes. However, in reality, the implementation of law often lags behind the dynamics of change occurring in society. The purpose of this study is to analyze how legal theory and philosophy of law can build responsiveness to economic and social changes, as well as the challenges faced in their implementation. This article falls under library research with a qualitative approach. The method used is normative legal study, analyzing literature, regulations, and relevant documents. The research findings conclude that legal theory ensures that law can adapt to the needs of society and the evolving economy, while philosophy of law provides normative guidance to ensure that law reflects the values of justice, morality, and welfare. Both complement each other in creating regulations that are adaptive to global dynamics while remaining rooted in ethical principles.

Teori Hukum dan Filsafat Hukum: Membangun Responsivitas terhadap Perubahan Ekonomi dan Sosial Makruf, Solihan; Pratama, Brilyan Yudha; Muslimah, Adilla Nur; Pratama, Muhammad Ilham; Shaleh, Chaerul
Al-Muamalat Jurnal Hukum dan Ekonomi Syariah Vol 10 No 1 (2025): Al-Muamalat: Jurnal Hukum Dan Ekonomi Syari'ah
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/muamalat.v10i1.9614

Ideally, legal theory and philosophy of law can shape a legal system that is responsive to economic and social changes. However, in reality, the implementation of law often lags behind the dynamics of change occurring in society. The purpose of this study is to analyze how legal theory and philosophy of law can build responsiveness to economic and social changes, as well as the challenges faced in their implementation. This article falls under library research with a qualitative approach. The method used is normative legal study, analyzing literature, regulations, and relevant documents. The research findings conclude that legal theory ensures that law can adapt to the needs of society and the evolving economy, while philosophy of law provides normative guidance to ensure that law reflects the values of justice, morality, and welfare. Both complement each other in creating regulations that are adaptive to global dynamics while remaining rooted in ethical principles.

Copyright Infringement in Indonesia: Applicable Sanctions and Legal Procedures Makruf, Solihan; Mufti, Rizal Agung; Sembada, Radja Haehta; Maulana, Iqbal Taufik; Kholid, Muhamad
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 18 No 1 (2026): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v18i1.11495

Ideally, copyright, as part of intellectual property rights, should receive full protection from the state through firm and effective legal instruments. Law Number 28 of 2014 concerning Copyright provides a clear legal framework to ensure such protection. However, in reality, copyright infringement remains widespread in Indonesia, taking forms such as piracy, unauthorized use, and illegal distribution through digital platforms. This condition highlights a gap between the ideal legal norms and their implementation in practice. This study aims to analyze the sanctions and legal processes applicable to copyright infringement in Indonesia and evaluate the effectiveness of their implementation based on the existing laws and regulations. The methodology used in this research is a normative juridical approach, with primary data sources consisting of statutory regulations, academic literature, and relevant court decisions. The findings indicate that although Indonesia has relatively comprehensive regulations on copyright, the implementation of sanctions and legal procedures still faces obstacles, such as weak law enforcement, low public awareness, and the challenges of digitalization that facilitate the rapid spread of infringement. Therefore, a synergistic effort among policymakers, law enforcement authorities, and society is needed to build an effective and adaptive copyright protection system in response to contemporary developments.

Rekonstruksi Peran Indonesia sebagai Negara Berkembang melalui Intervensi Yuridis terhadap Base Erosion and Profit Shifting (BEPS) Makruf, Solihan; Mufti, Rizal Agung; Dermawan, Muhammad Abdi; Husni, Asep; Najmudin, Nandang
Al-Muamalat Jurnal Hukum dan Ekonomi Syariah Vol 11 No 1 (2026): Al-Muamalat: Jurnal Hukum dan Ekonomi Syari'ah
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/muamalat.v11i1.11494

This study aims to reconstruct Indonesia’s role as a developing country in addressing the practice of Base Erosion and Profit Shifting (BEPS) through strategic and responsive juridical interventions. The research contributes to enriching academic discourse and provides relevant legal policy recommendations to strengthen the national taxation system against cross-border tax avoidance. The methodology employed is a normative juridical approach with a descriptive-analytical method, conducted through library research on national regulations and international legal instruments, such as the OECD BEPS Action Plan. The findings indicate that although Indonesia has adopted several BEPS actions, there remain gaps in regulatory harmonization and institutional capacity that need to be reconstructed to enable Indonesia to play a more significant role in the global tax order.

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